Terms & Conditions

PRICEFINDER – ONLINE SUBSCRIPTION AGREEMENT TERMS & CONDITIONS

Last Updated: 26th June 2017

These terms apply to the provision of web based property data and information services (Services) to any person or entity (Customer) by Australian Property Monitors Pty Ltd ABN 42 061 438 006 and its related bodies corporate (together Pricefinder) through the website located at www.pricefinder.com.au (Pricefinder Website). By accessing the Pricefinder Website you agree to be bound by these terms and conditions which together with the application form comprise your agreement with Pricefinder in respect of the Services (Agreement).

As a condition of entering this agreement, you also agree to become a member of the Fairfax Digital network. Your use and membership of the Fairfax Digital network are governed by our Conditions of Use (www.fairfax.com.au/conditions) and Privacy Policy (www.fairfax.com.au/privacy).

Your access to the Pricefinder Website will commence when we notify you that your account has been provisioned (which will typically be within 5-10 business days after the date of this agreement) and will continue until it is cancelled in accordance with these terms and conditions.

You may cancel the Services by providing us with no less than 90 days written notice, provided that such cancellation must not take effect before the expiry of any minimum contract term agreed with Pricefinder.

We reserve the right to withdraw or change the Pricefinder Website and/or the Services (including content, format, design, scope, etc) at any time. We also reserve the right to change these terms and conditions. We will give you advance notice of any material changes that we make to these terms and conditions. If we make material changes to these terms and conditions, you may terminate this Agreement by giving us written notice within 14 days of the change. Failure to terminate within this period will constitute acceptance of the change.

You acknowledge that where you request information about a property in a particular State, you have read and accept the acknowledgements and disclaimers relevant to that State (which we are contractually required by our licensors and suppliers to have you agree to) (Pricefinder End User Terms of Use), and that these acknowledgements and disclaimers form part of these terms and conditions.

You agree that:

  1. it is a fundamental term and condition of this Agreement that you accept and comply at all times with the Pricefinder End User Terms of Use;
  2. all data and information to which you have access in accordance with this Agreement is for your exclusive use as part of your marketing and other internal business requirements and you will not use it for any other purpose;
  3. you must not offer the data or information to which you have access in accordance with this Agreement, or combine the data or information with any other data or information and offer it, to third parties without our prior written consent (which may be given or withheld in our discretion);
  4. you must not request information for third parties nor permit requests to be made under this Agreement by others;
  5. you will keep your username and password for the Pricefinder Website safe and confidential, and you will be responsible for all activities via your username and password;
  6. you must not use the Pricefinder Website in any manner or for any purpose which is unlawful or in any manner which violates any rights of Pricefinder, its licensors and/or suppliers.
  7. you must not use any material or information provided pursuant to this Agreement on any other internet site or to establish, maintain or provide your own publications or promotional material;
  8. you must not use any material or information provided pursuant to this Agreement for the purposes of any email or other direct marketing campaign;
  9. you will comply with all applicable laws and regulations in relation to this Agreement; and
  10. you will bear the cost of any telecommunications and internet usage charges incurred as a result of using the Pricefinder Website or submitting property listings.

We will also comply with all applicable laws and regulations in relation to this agreement. Unless otherwise agreed by us, fees are payable monthly within 30 days of the statement date on the invoice for all accounts.

Without limiting our other rights and remedies at law, and notwithstanding anything to the contrary in these terms and conditions, in the event of non-payment or late payment, we may (at our discretion):
suspend your access to the Pricefinder Website upon written notice to you;
terminate this Agreement if the monies remain outstanding (in full or in part) after 7 days written notice requiring payment;
charge you for our out of pocket legal fees associated with collection of overdue amounts provided we have given you notice for payment and any date specified in the notice for payment has passed; and/or
charge interest on the overdue amount at a rate of 2% above the Westpac Overdraft Business Rate in respect of the period from the due date for payment until the date the outstanding amount is actually paid.

The intellectual property rights (including copyright) in all data, information, text, material, graphics, software, source code and advertisements on the Pricefinder Website (Content) are owned and/or controlled by Pricefinder, its suppliers and/or licensors unless expressly indicated otherwise on the Pricefinder Website. The Content is protected by Australian and international copyright and trademark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for in these terms or expressly authorised in writing by Pricefinder. You must not claim any ownership of intellectual property rights in respect of the Content nor commit or permit any act of omission or commission by your agents, employees or any third party which will impair the copyright or other proprietary rights to the Content. Nothing in this Agreement should be construed as granting any licence or right to use any Content or trademark displayed on the Pricefinder Website without the express written consent of Pricefinder or the relevant owner.

You are liable for all taxes (inc. GST), duties or government charges payable in connection with the execution of this Agreement whether applying at the date of this Agreement or in the future.

Without limiting our other rights and remedies at law, a party may terminate this Agreement immediately;
at any time and for any reason by giving the other party 90 days’ notice in writing (provided this notice is given after any applicable minimum term you have agreed to);

  1. if the other party breaches this Agreement and fails to rectify that breach within 14 days’ notice;
  2. if the other party becomes bankrupt, insolvent, enters into liquidation, administration or receivership, or a receiver or manager is appointed over any or all of that party’s assets; or
  3. if the other party dies, its partnership is dissolved, or it is deregistered (as applicable).

In addition, Pricefinder may suspend or terminate this Agreement in whole or in part upon notice to you if the continuance of this Agreement will or may cause Pricefinder to be in breach of any licence or supply agreement it has entered into to facilitate it providing you with the Services.

To the extent permitted by law, we exclude all conditions and warranties relating to the Services. You acknowledge that we are reliant on third parties for data and information that is provided on the Pricefinder Website and that such data and information enables us to provide the Services. Without limiting the generality of the foregoing, we do not make any representations or warranties that the Pricefinder Website will be uninterrupted or error free or that the Content on the Pricefinder Website will be accurate, complete and/or uptodate (including without limitation any Content created through the use of algorithms). To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law our liability will be limited in the manner detailed in the following paragraph.

In no circumstances will a party be liable to the other party for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, goodwill, data and/or opportunity). Our liability to you for the provision of the Services will be limited to re-supplying the relevant Services to you or refunding you a prorate amount of the subscription fees paid by you for the relevant Service (at our option). Your liability to us will be limited to the fees payable by you to us for the supply of the Services over a 12 month period.

You may not assign this Agreement without our prior written consent. This Agreement, together with any terms and conditions it refers to, comprises the entire agreement between you and us in respect of the Services and supersedes all prior understandings, agreements or representations. No delay or waiver by us in enforcing any provision of this Agreement will be deemed a waiver of our rights.

If a term of this Agreement is or becomes invalid or unenforceable, the validity and enforceability of the remainder of the Agreement will not be affected.

These terms and conditions are governed by the laws in force in New South Wales and you submit to the non-exclusive jurisdiction of the courts in that State.

PRICEFINDER – END USER TERMS OF USE

You acknowledge that where you request information about a property in a particular State, you have read and accept the acknowledgements and disclaimers relevant to that State (which we are contractually required by our licensors and suppliers to have you agree to) (Pricefinder End User Terms of Use), and that these acknowledgements and disclaimers form part of these terms and conditions.